A Review of the Judicial Conduct Commission - Utah State Legislature

ultimate responsibility for determining both whether conduct thatwarrants sanctions has been proven and what those sanctionsshould be. . . . there is no basis for finding that the presence oflegislators on the Judicial Conduct Commission could violate thefirst clause of article V, section 1 [separation of powers clause].[added text]The public voted infavor of legislativemembership on theJCC.Utah voters, to whom the amendment was presented, were told thatthis was to be a commission upon which legislators and others would sit.The overturning of the decision indicated that cooperative commissionswith members from different branches of government existed throughoutthe state—not just in the JCC—and that legislators were not authorized tomake decisions. Decision-making authority clearly rests with the SupremeCourt.Rhode Island faced a similar Supreme Court case concerning the threelegislators serving on its 14-member Judicial Conduct Commission. Ajudge under investigation by the commission challenged legislativecommission membership as a violation of the state’s constitution clauserequiring separation of powers of the three branches of government. TheCommission argued that it was merely an investigative arm of theSupreme Court (as is the case in Utah) with no enforcement authority ofits own. Therefore, legislators could serve without violating theseparation of powers principle. The Supreme Court was equally dividedon this issue–it concluded that the presumptions of constitutionalityshould prevail. The Supreme Court ruled legislators would remain onRhode Island’s judicial conduct organization.Utah judges have similarly argued that the Judicial ConductCommission: 1) violated their constitutional due process rights; or,2) violated the separation of powers provisions. According to theAmerican Judicature Society, the due process arguments have beenrejected by every state Supreme Court considering it because the decisionsof the Commission are reviewed by the Supreme Court.In addition, the Utah Constitution clearly calls for legislators to beclosely involved with the Judicial Conduct Commission. According toUtah Constitution Article VIII, Section 13:The Legislature by statute shall provide for the composition andprocedures of the Judicial Conduct Commission.– 22 – A Review of The Judicial Conduct Commission